NAVARRO ALTAMIRANO (Migration)

This matter concerned the review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 500. The applicant had applied for a Partner visa, but this application was withdrawn, and the applicant subsequently experienced mental health issues and a relationship breakdown. The primary issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to maintain enrolment in a full-time registered course.

The Tribunal was required to determine if the applicant had complied with condition 8202(2)(a) of the Migration Regulations 1994, which mandates enrolment in a full-time registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to the circumstances of the case, including the applicant's compelling need to remain in Australia and the degree of hardship that cancellation might cause.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) as she was not enrolled in a registered course between 23 March 2017 and 10 October 2017. While acknowledging the applicant's desire to continue studying in Australia, the Tribunal was not satisfied that she had a compelling need to remain, noting that she had other study options available in her home country or elsewhere. The Tribunal also found that the failure to maintain enrolment was a fundamental breach of student visa conditions. Although unsubstantiated allegations of not being a genuine student and working excessive hours were made, the Tribunal placed no weight on these due to a lack of evidence and the applicant's explanation.

On balance, the Tribunal concluded that the majority of considerations weighed against the applicant, particularly the length of time she spent in Australia in breach of her visa conditions. The Tribunal affirmed the decision to cancel the applicant's visa.